NAO-2025-02830 (3624 E Belt Boulevard, City of Richmond, Virginia)

TO WHOM IT MAY CONCERN: The Norfolk District of the U.S. Army Corps of Engineers (Corps) has received an application for a Department of the Army permit pursuant to Section 404 of the Clean Water Act (33 U.S.C. § 1344). The purpose of this public notice is to solicit comments from the public regarding the work described below:

APPLICANT: 
Belt Family, LLC & Belt Senior, LLC
c/o Mr. Zachery Frederick
1810 MacTavish Avenue
Richmond, VA 23230

AGENT:        
Timmons Group 
c/o Ms. Anna Pletch
7053 Celebration Park Ave, Suite 300
Richmond, VA 23225

WATERWAY AND LOCATION: The project would affect waters of the United States associated with an unnamed tributary to Grindall Creek. The project is located on a 16.1-acre site at 3624 E Belt Boulevard in the City of Richmond, Virginia, at approximately Latitude 37.4741624 N and Longitude 77.4575408 W.

PROPOSED WORK and PURPOSE: The applicant proposes to construct a multi-generational residential subdivision. The proposed project would include eight 3-story multi-family apartment buildings (264 units), one 4-story senior living building (168 units), a clubhouse, a community pool, and associated access roads, utilities, parking areas, and stormwater management facilities. The proposed action would result in permanent impacts to approximately 5.17 acres of non-tidal wetlands and 40 linear feet of stream channel associated with site grading and infrastructure construction.

The proposed wetland impacts are summarized below:

The proposed stream impacts are summarized below:

The project purpose is to construct a multi-family residential development to provide high-density, attainable housing to help meet the municipal housing demands within the City of Richmond, Virginia.

AVOIDANCE AND MINIMIZATION: The applicant states that impacts to waters of the United States have been avoided and minimized to the maximum extent practicable. Application materials indicate that offsite locations and various onsite configurations were considered during project planning. The Corps will independently evaluate the applicant’s avoidance and minimization efforts, including the alternatives analysis, as part of the standard permit review process.

A copy of the joint permit application can be found on the Virginia Marine Resources Commission’s website: Application Number 20252756.

COMPENSATORY MITIGATION: To compensate for the proposed permanent impacts to wetlands and streams, the applicant proposes a requirement of approximately 10.02 wetland mitigation credits and 24 stream mitigation credits. The applicant has proposed to purchase credits from a USACE-approved mitigation bank serving the James River watershed. The Corps will evaluate the proposed compensatory mitigation plan as part of the standard permit review process.

CULTURAL RESOURCES: Pursuant to 36 CFR 800.2(a)(2), the Corps is the lead Federal agency responsible for compliance with Section 106 of the National Historic Preservation Act (NHPA) for the proposed action. The Corps is reviewing the information provided and will complete any required consultation with the Virginia State Historic Preservation Officer (SHPO), federally recognized tribes, and other consulting parties, as appropriate. This public notice serves to inform the public of the proposed undertaking and invites comments regarding historic resources.

ENDANGERED SPECIES: The Corps reviewed the U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation (IPaC) Official Species List for 3624 E Belt Boulevard (Project Code 2026-0012421; dated July 8, 2026).

Based on the IPaC Official Species List, the following species were identified for consideration:

Under Section 7(a)(4) of the Endangered Species Act (ESA), federal agencies are required to confer with the U.S. Fish and Wildlife Service (USFWS) on any agency action that is likely to jeopardize the continued existence of a proposed species or result in the destruction or adverse modification of proposed critical habitat. The proposed project involves localized tree clearing and site grading on an approximately 16.1-acre parcel. While the proposed action will remove potential forested roosting habitat for the proposed Tricolored Bat and potential foraging habitat for the proposed Monarch Butterfly, these effects are limited in extent and are not expected to rise to the level of jeopardizing the continued existence of either proposed species.

Therefore, the Corps has made a preliminary determination that the proposed action is not likely to jeopardize the continued existence of the proposed Tricolored Bat or the proposed Monarch Butterfly. Accordingly, conferencing with the USFWS pursuant to Section 7(a)(4) of the ESA is not required.

This public notice is provided to solicit any information the USFWS may have regarding the presence of listed or proposed species, or designated or proposed critical habitat, within the project area that may be affected by the proposed activity.

ESSENTIAL FISH HABITAT: The Corps is the lead Federal agency for Essential Fish Habitat (EFH) compliance for the proposed action. Based on available information, no EFH is present within or near the project area and consultation is not required.

NAVIGATION: The proposed structure or activity is not located in the vicinity of a federal navigation channel.

VIRGINIA’S COASTAL ZONE MANAGEMENT PROGRAM: This project is located outside of the Virginia Coastal Zone. Therefore, no Virginia Coastal Zone Management Program Federal Consistency Concurrence is required.

WATER QUALITY CERTIFICATION: Water Quality Certification may be required from the DEQ. The Clean Water Act (CWA) Section 401 Certification Rule (Certification Rule, 40 CFR 121), effective September 11, 2020, requires certification, or waiver, for any license or permit that authorizes an activity that may result in a discharge. The scope of a CWA Section 401 certification is limited to ensuring that a discharge from a Federally licensed or permitted activity will comply with water quality requirements. To comply with the Virginia Section 401 Water Quality Certification Program and the Certification Rule, the applicant is responsible for adhering to the procedures outlined in the Certification Rule when requesting certification from the certifying authority, the DEQ. In accordance with Certification Rule part 121.12, the Corps will notify the U.S. Environmental Protection Agency (EPA) Administrator when it has received a Department of the Army (DA) permit application and the related certification. The Administrator is responsible for determining whether the discharge may affect water quality in a neighboring jurisdiction. The DA permit may not be issued pending the conclusion of the Administrator’s determination of effects on neighboring jurisdictions.

NOTE: This public notice is being issued based on information furnished by the applicant. This information has not been verified or evaluated to ensure compliance with laws and regulation governing the regulatory program. The geographic extent of aquatic resources within the proposed project area that either are, or are presumed to be, within the Corps jurisdiction has not been verified by Corps personnel.

EVALUATION: The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefits, which reasonably may be expected to accrue from the proposal, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including cumulative impacts thereof; among these are conservation, economics, esthetics, general environmental concerns, wetlands, historical properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food, and fiber production, mineral needs, considerations of property ownership, and in general, the needs and welfare of the people. Evaluation of the impact of the activity on the public interest will also include application of the guidelines promulgated by the Administrator, EPA, under authority of Section 404(b) of the CWA or the criteria established under authority of Section 102(a) of the Marine Protection Research and Sanctuaries Act of 1972.  A permit will be granted unless its issuance is found to be contrary to the public interest.

COMMENTS: The Corps is soliciting comments from the public; Federal, State, and local agencies and officials; Indian Tribes; and other Interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this determination, comments are used to assess impacts to endangered species, historic properties, water quality, general environmental effects, and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

PRIVACY AND CONFIDENTIALITY: Comments and information, including the identity of the submitter, submitted in response to this Public Notice may be disclosed, reproduced, and distributed at the discretion of the Corps.  Information that is submitted in connection with this Public Notice cannot be maintained as confidential by the Corps.  Submissions should not include any information that the submitter seeks to preserve as confidential.

The Norfolk District will receive written comments on the proposed work, as outlined above, until August 12, 2026. Comments should be submitted electronically via the Regulatory Request System (RRS) at https://rrs.usace.army.mil/rrs. The Corps point of contact for this project is Brittany Kopitsky (brittany.d.kopitsky@usace.army.mil).

Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing will be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing.